Summary: We cannot investigate Mrs B’s complaint that the Council damaged her property when it was repairing the guttering at the adjoining Council-owned property. This is because we cannot investigate complaints about the management of social housing by councils.

The complaint

1. The complainant, who I will refer to as Mrs B, complains Council contractors damaged her home’s guttering when undertaking repairs to the adjoining property, which is owned by the Council. Mrs B complains the Council has refused to accept responsibility for the damage.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by Mrs B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs B owns her property but the adjoining property is owned and managed by the Council.
7. Mrs B’s complaint about the Council’s handling of these repair works is about the Council’s management of the adjoining property as a social landlord. We cannot investigate complaints about the management of social housing by councils. This restriction to our powers applies to complaints such as Mrs B’s complaint which are about the Council’s handling of maintenance works. This means we have no discretion to investigate the issue Mrs B complains about.

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Final decision

8. We cannot investigate Mrs B’s complaint because it is about the management of social housing by the council.

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Investigator's decision on behalf of the Ombudsman